In Re Sadler

Filing 5

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 3 in full. Complaint 2 is DISMISSED. Any appeal of this decision would not be taken in good faith. Signed by Judge Dana L. Christensen on 12/14/2016. Mailed to Sadler. (TAG)

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IN THE UNITED STATES DISTRICT COURT l'£c /I
FOR THE DISTRICT OF MONTANA c~~ lJ.s
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HELENA DIVISION
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CV 16-99-H-DLC-JTJ
In RE: TIMOTHY RAY SADLER,
Plaintiff,

ORDER

United States Magistrate Judge John Johnston entered his Findings and
Recommendations in this matter on November 15, 2016, recommending denial of
Plaintiff Timothy Sadler' s ("Sadler") complaint for injuctive relief. Sadler failed
to timely object to the Findings and Recommendations, and so waived his right to
de novo review of the record. 28 U.S.C. § 636(b)(l)(C). This Court reviews for
clear error those findings and recommendations to which no party objects. See
McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc., 656 F.2d 1309, 1313

(9th Cir. 1981); Thomas v. Arn, 474 U.S. 140, 149 (1985). Clear error exists ifthe
Court is left with a "definite and firm conviction that a mistake has been
committed." United States v. Syrax, 235 F.3d 422, 427 (9th Cir. 2000) (citations
omitted).
Having reviewed the Findings and Recommendations, the Court finds no
clear error in Judge Johnston's conclusion that Sadler's complaint is frivolous and
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fails to plead a federal cause of action because the complaint does not name an
individual against whom his claim is based. Without naming a defendant, it is
impossible for this Court to determine if federal jurisdiction exists in this matter.
Accordingly, there being no clear error in Judge Johnston's Findings, and
Recommendations, IT IS ORDERED that:
(1) Judge Johnston's Findings and Recommendations (Doc. 3) are
ADOPTED IN FULL.
(2) Sadler's Complaint (Doc. 2) is DISMISSED.
(3) The Clerk of Court is directed to close this matter and enter
judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure.
(4) The Clerk of Court is directed to have the docket reflect that the
Court certifies pursuant to Rule 24(a)(3)(A) of the Federal Rules of Appellate
Procedure that any appeal of this decision would not be taken in good faith. The
record makes plain the instant Complaint lacks arguable substance in law or fact.

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Dated this 11._ day of December, 2016

Dana L. Christensen, Chief Judge
United States District Court

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